Contractors allege clients owe nearly $70,000

By Noddy A. Fernandez | Oct 19, 2017

FRESNO — A California licensed contractor is suing clients, alleging they owe nearly $70,000 for breach of contract.

JMG Constructors LLC filed a complaint Aug. 31, in the Fresno County Superior Court against La Notte Refrigeration Inc., Frano Brad La Notte, Suretec Indemnity Company and Suretec Insurance Company alleging the defendants breached their obligation by failing to comply with all applicable federal, state, local laws and regulations.

According to the complaint, on Sept. 20, 2012, JMG entered into subcontract agreements with the defendants to furnish and install certain materials, equipment, and labor necessary to complete projects at the Wolverton water distribution system rehabilitation and the Ash Mountain Auto Shop HVAC rehabilitation. JMG alleges it performed all conditions required in accordance with terms of contract but has suffered damages amounting to $69,301.68 due to unpaid employees. 

The plaintiff alleges the defendants mis-classified and failed to properly pay JMG employees the appropriate prevailing wage that falls within the purview of the indemnity provision and failed to defend, indemnify, and hold JMG harmless from damages, costs and expenses as agreed in the sub-subcontracts.

JMG Construction seeks trial by jury, judgment of at least $69,301.68, plus interest, attorney fees, costs incurred, and all relief the court deems just and proper. It is represented by attorneys James P. Diwik and Alexander A. Guney of Troutman Sanders LLP in San Francisco.

Fresno County Superior Court Case number 17CECG03002

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